Tommy Sheridan warned: Don't go it alone

Published on Sunday 2 January 2011 15:38

TOMMY Sheridan has been warned that his decision to represent himself at a sentencing hearing later this month could increase his prison term.

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The disgraced socialist politician, who was found guilty of perjury on 23 December, is set to make his own plea in mitigation before trial judge Lord Bracadale on 26 January.

His lawyer, Aamar Anwer, told The Scotsman that Mr Sheridan has no intention of employing a solicitor advocate to make the complicated legal argument.

Sheridan faces a lengthy jail term for lying in court about visiting a sex club and committing adultery in his 2006 defamation case against the News of the World.

At the close of the 12-week trial, Lord Bracadale warned Sheridan to expect to return to court and receive a jail sentence. He called for a social inquiry report, which will include background information about Sheridan, to help to determine the length of his sentence.

The judge will also take into account a plea in mitigation made by Sheridan, or on his behalf, that will outline any personal reasons why his sentencing should be kept short.

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Scottish legal professional and former BBC lawyer Alistair Bonnington said: "The main advice I would give Tommy Sheridan is that he should have a lawyer there. A plea in mitigation requires a great deal of skill. The fact that it's done by a third party also makes a huge difference."

The comments were backed up by high-profile defence solicitor advocate Robbie Burnett, who said that a strong plea in mitigation can make a judge change their mind about the length of a sentence.

"It's difficult to know how much the judge will listen, but there may be facts and information that he should know about," he said.

"Much of that will be in the social inquiry report, but it is the duty of a solicitor to try their best to represent any issues that would mean that a jail sentence should be reduced.

"It is one of the areas where the skill of a professional would be a distinct advantage."

Mr Burnett added: "My advice to any person is that you have to be honest - which is ironic in this situation - about your personal circumstances and the way the conviction is going to affect you, while at the same time accepting the seriousness of the offence and not seeming to make light of it," said Burnett.

Lord Bracadale will not be able to take into account comments that Sheridan has made on Facebook, which suggest he intends to appeal, although lawyers have still said the former MSP's comments on the social media website are "unwise".

Following his guilty verdict, Mr Sheridan used his Facebook page to vow to continue the fight and his supporters have already indicated he will appeal against the jury's decision.This apparent lack of contrition could risk angering the judge.

Mr Bonnington said: "If you asked a lawyer they'd say don't speak out on places like Facebook, protest your innocence or talk about an appeal, but I don't think these things will play significantly with the judge."

Another lawyer who didn't want to be named said making the comments on Facebook was "bloody stupid".

"The judge … is only human and if he becomes aware, who knows what affect it will have."